If you were hit by a drunk driver in Tampa, you may feel frustrated, overwhelmed, and angry. It can be difficult to know what to do when facing serious injuries, mounting medical bills, and an uncertain recovery. Drunk driving accident cases are often complex because of the necessary documentation to show you can pursue a fault-based claim and to prove the driver caused the motor vehicle accident.
Working with a Tampa car accident lawyer can ease the burden on you and make it easier to get the financial compensation you need and deserve. You can focus on your physical recovery while your legal representation protects your rights and manages your legal case.
Steps To Take After A Tampa Drunk Driving Accident
Immediately after your collision, you may have a good idea that the other driver is intoxicated. If this happens and your injuries allow, you should take several steps to protect your rights. These include:
Call 911
While calling the police is essential after any injury or significant property damage sustained in an accident, it is especially important if you believe the at-fault party is an intoxicated driver. The responding officers should observe the same indications you did and may conduct field sobriety tests, Breathalyzer tests, or other actions to support your claim later.
Document The Scene And Gather Evidence
If your injuries allow, collect evidence from the accident scene. Take pictures of each vehicle, any indications the other driver might have been drinking, the weather, and wide shots of the entire scene.
If possible, get contact information from any witnesses to the crash. Witness statements often play a key role in these cases if the police do not test the at-fault driver for alcohol or drugs.
Get Medical Care
Your health and well-being are the most important thing. You should get an assessment or treatment as soon as possible after an accident. You will need to demonstrate you suffered serious injuries to pursue a fault-based insurance claim or lawsuit based on your crash. Your medical records will be integral in doing this.
Call A Lawyer
As soon as your injuries allow, you should contact a Tampa car accident attorney about your legal options. They can help you understand your next steps and protect your right to pursue maximum compensation. They will know how to obtain the police report and learn more about the outcome of the tests law enforcement used on the intoxicated driver.
Florida DUI Laws And Your Rights As A Car Accident Victim
Under Florida Statutes § 316.193, drivers cannot operate a motor vehicle if they are intoxicated because of alcohol or drugs. This statute outlines the criminal offenses for driving under the influence (DUI) and penalties someone could face in Tampa. However, criminal charges are not typically the primary concern for accident victims.
A driver who was drunk or drugged when they caused a collision could be liable for any serious injuries they caused. This is especially true if they have a history of other drug charges or previous DUI convictions.
How To Recover Compensation After An Accident Caused By A Drunk Driver
Florida requires motorists to carry Personal Injury Protection (PIP) coverage that pays for their medical care, lost income, and some other expenses up to the insurance policy limits. However, if they suffer severe injuries, the law allows them to step outside this no-fault system and sue the at-fault driver directly.
This process allows injured Tampa car accident victims to hold drunk drivers accountable for their collisions and resulting injuries. They file an insurance claim based on that driver’s auto liability policy or sue the driver in civil court.
What Role Will A Lawyer Play In A Car Accident Lawsuit?
If you want to file a fault-based car accident claim against a drunk driver, you will want an experienced personal injury lawyer managing your case. Having a Tampa personal injury lawyer on your side ensures you understand the full range of expenses and losses you endured and have the skills and resources available to fight to recover compensation for them.
You can count on your lawyer to:
- Document your economic and non-economic damages
- Protect your rights
- Deal with the insurance companies
- Obtain any police reports and test results
- Participate in settlement negotiations with the driver’s insurance company
- File a lawsuit to ensure fair compensation when necessary
When you work with an attorney in Tampa, they will protect your rights and keep you from accepting lowball settlement offers. Instead, they will fight for your best interests and seek maximum compensation for your injuries.
The Prevalence Of Drunk Driving Accidents In Tampa
According to the Florida Highway Safety and Motor Vehicles (FLHSMV), Tampa and greater Hillsborough County had more than 500 alcohol- or drug-related collisions in 2023. This included:
- Alcohol-Related Collisions: 455 crashes and 28 fatalities
- Drug-Related Crashes: 34 crashes with 24 fatalities
- Both Drug- and Alcohol-Related Accidents: 27 crashes and 21 fatalities
Many more of these collisions involved injuries. Of the 455 alcohol-related crashes countywide, 277 were classified as injury crashes.
Compensation Drunk Driving Accident Victims May Be Entitled To Recover
The potential compensation for an injured victim of an alcohol-impaired driver will vary based on their injuries, expenses, and losses. Some common damages include:
- Medical Bills: Current and future medical care for accident injuries
- Lost Income: Income lost due to injuries and missed work, and lost earning capacity for lasting impairments
- Pain and Suffering: Non-economic damages for physical pain and emotional distress
Most cases settle out of court. However, lawsuits are sometimes necessary. Under Florida Statutes § 95.11, you generally have two years to take legal action against the driver who was driving under the influence of alcohol. Missing this two-year deadline could prevent you from recovering proper compensation.
Contact Us To Discuss Your Legal Options After A Drunk Driving Car Accident In Tampa
The Law Offices of Anidjar & Levine provide free initial consultations for accident victims. Our law firm’s Tampa car accident attorney can help you get justice. If you were hit and injured by a drunk driver in Tampa, our legal team is here to help. Contact us to talk to our team about your legal options for free.
